compilation of recommendations, conclusions and advice ... · compilation of recommendations,...

GE.13-15454

Human Rights Council

Expert Mechanism on the Rights of Indigenous Peoples

Sixth session

8-12 July 2013

Item 3 of the provisional agenda

World Conference on Indigenous Peoples

Compilation of Recommendations, Conclusions and Advice from Studies Completed by the Expert Mechanism on the Rights of Indigenous Peoples

A/HRC/EMRIP/2013/CRP.1

Distr.: Restricted

4 July 2013

English only


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Contents

Paragraphs Page

I. Introduction .............................................................................................................................. 1 - 2 4

II. The Mandates of the Indigenous-Specific Mechanisms at the United Nations ........................ 3 - 7 4

III. The Alta Outcome Document................................................................................................... 8 -49 5

A. Preamble of the Alta Outcome Document ....................................................................... 8 -14 5

Preambular Paragraph 5: The Right to Participate in Decision-Making ........................ 8 5

Preambular Paragraphs 1 and 6: Spirituality and Spiritual Rights of

Indigenous Peoples .......................................................................................................... 9 5

Preambular Paragraph 9 and Theme 3, Paragraph 6: Violence against

Indigenous Women, Youth and Children ....................................................................... 10 - 14 5

B. Theme 1: Indigenous Peoples’ Lands, Territories and Resources ................................... 15 - 17 6

Paragraphs 1 and 5: Permanent Sovereignty

and Self-Determination of Indigenous Peoples ............................................................... 15 - 17 6

C. Theme 2: United Nations System Action for the Implementation of the Rights

of Indigenous Peoples ...................................................................................................... 18 - 26 7

Paragraph 1: The Creation of a UN Body to Promote Implementation of

Indigenous Peoples’ Rights ............................................................................................. 18 - 22 7

Paragraph 2: Establishment of an International Mechanism regarding Treaties,

Agreements and Other Constructive Arrangements 23 - 24 9

Paragraph 5: Indigenous Officer for United Nations Agencies,

Programs and Funds ........................................................................................................ 25 - 26 9

D. Theme 3: Implementation of the Rights of Indigenous Peoples ...................................... 27 - 33 10

Paragraph 1: Self-Determination in Relation to Negotiation of Relationships

between States and Indigenous Peoples ........................................................................... 27 10

Paragraph 4: Implementation of the Rights of Indigenous Peoples through State Laws,

Policies and Strategies ..................................................................................................... 8 -29 10

Paragraph 5: Rights of Indigenous Women ................................................................... 30 - 31 11

Paragraph 8: Commissions of Inquiry and Other Mechanisms ........................................ 32 - 33 11

E. Theme 4: Indigenous Peoples’ Priorities for Development with Free,

Prior and Informed Consent ............................................................................................. 34 - 49 12

Paragraph 1: Indigenous Peoples’ Priorities for Development ........................................ 34- 35 12

Paragraph 4: Rights-Based and Culturally Appropriate Approach to Public Safety

and Access to Justice ....................................................................................................... 36 - 41 12

Paragraph 8: Free, Prior and Informed Consent.............................................................. 42 - 45 13

Paragraph 9: Economic, Social and Cultural Development ............................................ 46 - 49 14

IV. Conclusion ............................................................................................................................... 50 15

Appendix: Advice, Recommendations and Conclusions of the Expert Mechanism ................ 16


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Expert Mechanism on the Rights of Indigenous Peoples' Study on Lessons

Learned and Challenges to Achieve the Implementation of the

Right of Indigenous Peoples to Education.

A/HRC/EMRIP/2009/2 .................................................................................................................... 16

Final report of the study on indigenous peoples and the right to participate in decision-making

A/HRC/18/42 ................................................................................................................................... 19

Expert Mechanism on the Rights of Indigenous Peoples:

Study on the role of languages and culture in the promotion and protection of

the rights and identity of indigenous peoples.

A/HRC/EMRIP/2012/3 .................................................................................................................... 24

Follow-up report on indigenous peoples and the right to participate in

decision-making, with a focus on extractive industries.

A/HRC/21/55 ................................................................................................................................... 28

Expert Mechanism on the Rights of Indigenous Peoples Advice No. 5:

Access to Justice in the Promotion and Protection of the Rights of Indigenous Peoples.

A/HRC/EMRIP/2013/2. ................................................................................................................... 29


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I. Introduction

1. This is a compilation of recommendations, conclusions and Advice from studies

completed by the United Nations (UN) Expert Mechanism on the Rights of Indigenous

Peoples (the Expert Mechanism). The purpose of this compilation is to highlight the work

completed to date that may inform the preparations for the World Conference on

Indigenous Peoples, to be held in 2014.

2. At the end of each study, the Expert Mechanism presents advice based on its

research and findings. Advice has been general or directed specifically to States, United

Nations agencies and bodies, Indigenous Peoples and others (such as businesses). This is

determined to be an effective way to contribute to the advancement of the human rights of

Indigenous peoples.

II. The Mandates of the Indigenous-Specific Mechanisms at the United Nations

3. In terms of the specific mandates of the three Indigenous UN bodies, there are

distinctions that are important to consider. First, the Expert Mechanism provides the

Human Rights Council with thematic advice, through studies and research, on the rights of

Indigenous peoples as directed by the Human Rights Council. The Expert Mechanism

participates in an interactive dialogue at the Council session held annually in September

and presents proposals to the Council for its consideration and approval. An annual agenda

item of the Expert Mechanism session is the UN Declaration on the Rights of Indigenous

Issues.

4. The Permanent Forum on Indigenous Issues is an advisory body to the Economic

and Social Council (ECOSOC) on Indigenous issues related to economic and social

development, culture, the environment, education, health and human rights. It provides

expert advice and recommendations to ECOSOC and UN Programmes, funds and agencies,

raises awareness and promotion of the integration and coordination of activities into the UN

system and prepare and disseminates information on Indigenous issues. Each session,

under human rights, the Permanent Forum discusses implementation of the UN Declaration.

5. The Special Rapporteur on the Rights of Indigenous Peoples addresses specific cases

of alleged violations of the rights of Indigenous peoples in selected countries through

country reports, promotes good practices (such as new laws, government programs and

constructive agreements between Indigenous peoples and states), reports on the overall

human rights situations of Indigenous peoples through communications with governments

and others, and conducts or contributes to thematic studies on relevant human rights topics.

Throughout all of the Special Rapporteur’s work, the UN Declaration is integrated as the

framework for analysis.

6. Given the timing of the sessions, the Expert Mechanism’s 7th Session will provide

one of the last opportunities for Indigenous specific mechanisms to inform the World

Conference on Indigenous Peoples.

7. The following synopsis identifies relevant advice, recommendations and conclusions

made by the Expert Mechanism to the Draft Alta Outcome Document of the World

Conference on Indigenous Peoples, which was issued at the Global Indigenous Preparatory

Conference for the High Level Plenary Meeting of the General Assembly on 10-12 June

2013 in Alta, Norway.


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III. The Alta Outcome Document

A. Preamble of the Alta Outcome Document

Preambular Paragraph 5: The Right to Participate in Decision-Making

8. This refers to the inherent rights of Indigenous peoples to participate fully in

decision-making. The Expert Mechanism notes Advice No.2 contained in both the Final

report of the study on indigenous peoples and the right to participate in decision-making

(A/HRC/18/42) and Advice No. 4 contained in the Follow-up report on indigenous peoples

and the right to participate in decision-making, with a focus on extractive industries

(A/HRC/21/55) related to the right to participate in decision-making.

Preambular Paragraphs 1 and 6: Spirituality and Spiritual Rights of Indigenous

Peoples

9. These preambular paragraphs discuss, inter alia, the importance of spirituality and

spiritual rights of Indigenous peoples. In this regard, the Expert Mechanism underscores

the importance of preambular paragraph 7 and article 25 of the UN Declaration on the

Rights of Indigenous Peoples as well as paragraphs 3 and 17 of Advice No. 3 contained in

the Expert Mechanism’s Study on the role of languages and culture in the promotion and

protection of the rights and identity of indigenous peoples (A/HRC/EMRIP/2012/3), which

state:

Indigenous cultures include their ways of life, protected by the right to self-

determination, and indigenous peoples’ relationships, including spiritual

connections, with their lands, territories and resources. They include manifestations

of cultural practices, including economically driven activity, traditional knowledge,

cultural expressions, jurisprudence, cosmovisions, spirituality, philosophies,

membership codes, dispute resolution techniques, social values, arts, dress, song and

dance.1

There is a need for the recognition of the continuing value to communities and

society of indigenous peoples’ traditional knowledge, including spiritual, cultural

and linguistic knowledge. This will require long-term financial investments in

measures for the reclaiming and relearning and sharing of this knowledge. The

resources spent on this should be, at a minimum, commensurate with the monies and

efforts previously spent to destroy such knowledge.2

Preambular Paragraph 9 and Theme 3, Paragraph 6: Violence against Indigenous

Women, Youth and Children

10. This paragraph refers to violence against Indigenous women, youth and children as

one of the worst human rights violations facing Indigenous peoples. In Advice No. 2, the

Expert Mechanism has identified the following pertinent observations in this area:

Indigenous women often face exceptional impediments to participation in decision-

making. States, international organizations, indigenous peoples and other decision-

making entities should therefore conduct more intensive studies and design

appropriate mechanisms to facilitate the participation of indigenous women in their

activities and increase their access to address difficulties facing indigenous women

1 A/HRC/EMRIP/2012/3, para 3.



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seeking to fully participate in decision-making. Likewise, the inclusion of

indigenous youth in decision-making is essential in both internal and external,

including legislative, decision-making. 3

11. Also, in the Expert Mechanism’s Advice No. 5: Access to Justice in the Promotion

and Protection of the Rights of Indigenous Peoples (UN Doc. No. A/HRC/EMRIP/2013/2),

there are references to addressing violence against Indigenous women and children. This

includes the need for states to work in partnership with Indigenous peoples, particularly

Indigenous women to overcome barriers to access to justice; improving data on

victimization, disaggregated by age, gender and disability; addressing discrimination and

ensure accessibility to Indigenous persons with disabilities; and representation of

Indigenous peoples, particularly Indigenous women in transitional justice processes:

States should work in partnership with indigenous peoples, particularly indigenous

women, to determine the most effective strategies for overcoming barriers to access

to justice.4

12. In relation to criminal justice, state authorities should consult and cooperate with

indigenous peoples and their representative institutions to:

* Formulate plans of action to address both the high levels of indigenous

victimisation and the treatment of indigenous peoples in domestic criminal justice

systems.

* Develop appropriate methodologies to obtain comprehensive data on 1)

victimization of indigenous peoples, including information on the number of cases

prosecuted; and 2) the situation of indigenous peoples in detention, disaggregated by

age, gender and disability.5

13. Indigenous peoples’ justice systems should ensure that indigenous women and

children are free from all forms of discrimination and should ensure accessibility to

indigenous persons with disabilities.

14. Indigenous peoples should ensure that all persons are effectively represented in

transitional justice processes, especially women.6

B. Theme 1: Indigenous Peoples’ Lands, Territories and Resources

Paragraphs 1 and 5: Permanent Sovereignty and Self-Determination of Indigenous

Peoples

15. This paragraph relates to the right to self-determination and to permanent

sovereignty over Indigenous peoples’ lands, territories, resources, air, ice, oceans and

waters, mountains and forests. As set out in the Expert Mechanism’s Advice No. 4, the

right to sovereignty includes the right not to consent to extractive industries:

Given indigenous peoples’ permanent sovereignty over natural resources and the

United Nations Declaration on the Rights of Indigenous Peoples, as set out in the

international legal and policy framework of the present report, the right of

3 A/HRC/18/42,para. 32.

4 A/HRC/EMRIP/2013/2, para. 6

5 A/HRC/EMRIP/2013/para. 12.

6 A/HRC/EMRIP/2013/para. 18


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indigenous peoples to participate in decision-making also includes the right not to

consent to extracting resources as an exercise of their sovereignty.”7

16. Furthermore, equal partnerships among Indigenous peoples, states and business

enterprises can lead to sustainable development in the area of extractive resource

development where adequate environmental protections are put in place:

Indigenous peoples who choose to extract resources can continue to play a positive

role in sustainable development by asserting their international human rights relating

to extractive industries, with an emphasis on forming equal partnerships with States

and business enterprises to engage in sustainable development where adequate

environmental protections are in place.8

17. In the Expert Mechanism’s Comment on the Human Rights Council’s Guiding

Principles on Business and Human Rights as related to Indigenous Peoples and the Right to

Participate in Decision-Making with a Focus on Extractive Industries

(A/HRC/EMRIP/2012/CRP1), permanent sovereignty and self-determination are also

promoted:

An underlying theme of permanent sovereignty of Indigenous peoples over natural

resources, the Declaration on the Rights of Indigenous Peoples and the Guiding

Principles on Business and Human Rights is Indigenous peoples’ global concerns

for engaging with extractive industries in a manner that supports sustainable

development, where indigenous peoples’ rights related to self -determination and

lands, territories and resources are upheld in a manner that also respects the

environmental responsibilities that Indigenous peoples in a manner that also respects

the environmental responsibilities that Indigenous peoples highly value.9

C. Theme 2: United Nations System Action for the Implementation

of the Rights of Indigenous Peoples

Paragraph 1: The Creation of a UN Body to Promote Implementation of Indigenous

Peoples’ Rights

18. In relation to the right to education, the Expert Mechanism has promoted the right to

full and effective participation of Indigenous peoples in its Advice No. 1, contained in its

Study on Lessons Learned and Challenges to Achieve the Implementation of the Right of

Indigenous Peoples to Education (A/HRC/EMRIP/2009/2):

The Expert Mechanism is of the view that educational programmes and services for

indigenous peoples must be developed and implemented in consultation and

cooperation with the indigenous peoples concerned in order to address and

incorporate their special needs, histories, identities, integrity, values, beliefs,

cultures, languages and knowledge, as well as their social, economic and cultural

priorities and aspirations. Educational programmes and services for indigenous

peoples should be of high quality, culturally safe and appropriate, and must not aim

at or result in unwanted assimilation of indigenous peoples.10

19. Also contained in its final report of the study:

7 A/HRC/21/55, para. 45.

8 A/HRC/21/55, para 44.

9 A/HRC/EMRIP/2012/CRP1, para. 62.

10 A/HRC/EMRIP/2009/para 13.


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The right to full and effective participation in external decision-making is of

fundamental importance to indigenous peoples’ enjoyment of other human rights.

For instance, the right of indigenous peoples to identify their own educational

priorities and to participate effectively in the formulation, implementation and

evaluation of education plans, programmes and services is crucial for their

enjoyment of the right to education. When implemented as a treaty right, the right to

education can offer a framework for reconciliation. Truth and reconciliation

commissions offer a model for improved relations between States and indigenous

peoples as well.11

20. In Advice No. 3, the Expert Mechanism has called for the establishment of

monitoring mechanisms by States in the area of access and benefit-sharing arrangements:

States should establish mechanisms, including monitoring, to ensure that indigenous

peoples’ traditional knowledge is not expropriated without the free, prior and

informed consent of indigenous peoples and provision is made for appropriate

access and benefit-sharing arrangements.12

21. In Advice No. 3, the Expert Mechanism also calls for an Ombudsman to monitor

cultural and linguistic rights of Indigenous peoples:

Indigenous peoples should have the necessary support to speak their languages in

both the public and private domains, including in schools, legal proceedings, and in

places providing health services. In addition, it may be appropriate to establish

mechanisms to monitor States’ compliance with indigenous peoples’ rights to speak

their languages and practice their cultures, such as an ombudsman to address

complaints about failures to respect, protect and promote indigenous cultures and

languages.13

22. In Advice No. 4, the Expert Mechanism calls for business enterprises to establish

policies and processes to respect the rights of Indigenous peoples:

Enterprises in extractive industries should, together with indigenous peoples, assess

the risks and actual impacts on the rights of indigenous peoples arising from their

activities and business relationships. Commitment to respecting the rights of

indigenous peoples should be reflected in the business enterprises policies and

processes; such policies and processes should be put in place by the enterprise in

order to meet its responsibility to respect human rights. Enterprises are advised to

assess company compliance with indigenous peoples’ rights and establish a

company policy on how best to meet their responsibility to respect such rights,

where possible by including indigenous peoples affected by their operations. When

activities may affect indigenous peoples, the business enterprise must take adequate

steps to ensure meaningful and effective engagement with indigenous peoples. As

part of implementing their responsibility, business enterprises engaged in extractive

activities must ensure that employees have an understanding of the content of

indigenous peoples’ rights, including their right to participate in decision-making.14

11 Expert Mechanism Advice No. 2 (2011): para.13.

12 A/HRC/EMRIP/2012/3, para. 20.


14 A/HRC/21/55, para. 41


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Paragraph 2: Establishment of an International Mechanism regarding Treaties,

Agreements and Other Constructive Arrangements

23. This paragraph calls for the establishment of an international mechanism for the

enforcement of rights related to Treaties, Agreements and other Constructive

Arrangements. In Advice No. 3, the Expert Mechanism refers to recognition of the duty of

States to consult with Indigenous peoples and to seek to obtain their consent as it relates to

Treaty rights and relationships:

The duty of States to consult with indigenous peoples and to obtain their consent are

also expressed in the jurisprudence of, inter alia, the universal periodic review of the

Human Rights Council, the Inter-American Court of Human Rights and the Inter-

American Commission on Human Rights, the African Commission on Human and

Peoples’ Rights, the Special Rapporteur on the rights of indigenous peoples, and in

international policy, some of which is described in the Expert Mechanism’s progress

report on indigenous peoples and the right to participate in decision-making. In the

progress report, the Expert Mechanism noted that several treaties between States and

indigenous peoples affirmed the principles of indigenous peoples’ consent as an

underpinning of the treaty relationship between States and indigenous peoples.15

24. Note also the three UN Treaty Seminars that have been held pursuant to the

recommendation of the Special Rapporteur, the late Professor Miguel Alfonso Martinez,

which together with the Enoch Declaration call for all partners to respect and honour

Treaties according to their original spirit and intent and as understood by Indigenous

peoples. [OAS Declaration, article XXIII.]

Paragraph 5: Indigenous Officer for United Nations Agencies, Programs and Funds

25. This paragraph calls for UN agencies, programs and funds to appoint Indigenous

officers where their mandates impact Indigenous peoples, to ensure responsive services to

Indigenous peoples, and to recruit Indigenous staff people. Similarly, in Advice No. 5, the

Expert Mechanism recommends to the United Nations that resources be dedicated to

carrying out training on Indigenous peoples’ rights related to access to justice:

The United Nations should dedicate resources to the development and carrying out,

in cooperation with indigenous peoples, of trainings on indigenous peoples’ rights in

relation to access to justice for law enforcement officials and members and staff of

the judiciary.16

26. Furthermore, in Advice No. 4, the Expert Mechanism recommends the following

measures be adopted by States, in collaboration with Indigenous peoples, to ensure human

rights accountability in relation to extractive industry accountability:

The Expert Mechanism advises States to establish, together with indigenous peoples,

(permanent) mechanisms to enable consultation with indigenous peoples which can

provide guidance on:

(a) When the context requires consultations with indigenous peoples in line with

the present advice;

(b) How to reach indigenous peoples;

(c) Identifying the representatives with which consultation should take place;

15 A/HRC/18/42, para. 12.



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(d) How to ensure an independent assessment of consultation practices;

(e) How to undertake the requisite environmental and social impact studies

associated with proposed and ongoing extractive activities;

(f) Providing translation and interpretation services so that information relevant

to indigenous peoples‟ decisions and interests can be provided for indigenous

peoples in an understandable way;

(g) Enabling indigenous peoples to obtain expert independent and technical

assessments of the potential impact of extractive activities on them, including on

their lives, lands and territories;

(h) How to ensure that indigenous peoples’ perspectives on the extractive

activity are taken into account, including their ideal benefit-sharing arrangements if

they so choose;

(i) How to ensure that the permitting and monitoring boards of State

corporations and extractive enterprise include indigenous peoples’ representation

and effective participation, which will also ensure human rights accountability at the

corporate level. 17

D. Theme 3: Implementation of the Rights of Indigenous Peoples

Paragraph 1: Self-Determination in Relation to Negotiation of Relationships between

States and Indigenous Peoples

27. This paragraph underscores that the right to self-determination recognizes the

authority of Indigenous peoples to develop with States, on an equal basis, standards and

mechanisms to govern their relationships, in a manner consistent with the UN Declaration.

In Advice No. 2, the Expert Mechanism, inequality and lack of recognition of the rights and

circumstances of Indigenous peoples is identified as an underlying cause for adverse

conditions as well:

Many indigenous peoples remain vulnerable to top-down State interventions that

take little or no account of their rights and circumstances. In many instances, this is

an underlying cause for land dispossession, conflict, human rights violations,

displacement and the loss of sustainable livelihoods.18

Paragraph 4: Implementation of the Rights of Indigenous Peoples through State

Laws, Policies and Strategies

28. This paragraph refers to the right of Indigenous peoples to free, prior and informed

consent in relation to State legislative, policy and strategic developments based on ethical

collection, analysis and use of disaggregated data. In Advice No. 3, the Expert Mechanism

calls for a human rights-based approach and the direct, full and equal participation of

Indigenous peoples in the context of traditional knowledge:

It is imperative that United Nations institutions and related entities take a human

rights-based approach to the development of international legal standards and

policies on traditional knowledge, traditional cultural expressions and genetic

resources, including in relation to access and benefit sharing, to ensure that they

conform to the Declaration on the Rights of Indigenous Peoples. In addition, it is

17 A/HRC/21/55, para. 39.

18 A/HRC/18/42, para. 15.


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essential that such processes include the direct, full and equal participation of

indigenous peoples to protect indigenous peoples’ traditional knowledge.19

29. Note also the Report of the UN Permanent Forum on Indigenous Issues’ Expert

Seminar on Indigenous Peoples and Indicators of Well-Being held in Ottawa in 2006.20

Paragraph 5: Rights of Indigenous Women

30. This paragraph calls for the rights of Indigenous women to be implemented by

States with the full and effective participation of Indigenous women and girls through

national, regional and international plans of action. In Advice No. 1, the Expert

Mechanism calls for equal access to education for Indigenous women and girls:

Measures to ensure the provision of education at all levels for indigenous girls and

women should be seen as a matter of urgency. The Expert Mechanism is of the view

that instruments of dialogue would help to mediate conflicting issues and norms

within indigenous societies and to ensure equal access to education for indigenous

girls and women.21

31. Note in Advice No. 3, the Expert Mechanism calls for equal participation of

Indigenous women and youth in decision-making as previously referenced on paragraph 9.

Paragraph 8: Commissions of Inquiry and Other Mechanisms

32. This paragraph calls for joint establishment and development by States and

Indigenous Peoples of Commissions of Inquiry and Other Independent, Impartial and

Investigative Mechanisms to document and address impunity and other human rights

concerns facing Indigenous peoples. In Advice No. 5, the Expert Mechanism calls for

transitional justice mechanisms that address historical injustices (which often continue to

have contemporary impacts), that are consistent with the UN Declaration and that fully

involve Indigenous peoples, reflecting their values and cultures:

In relation to transitional justice mechanisms:

• Indigenous peoples and indigenous peoples’ representative institutions

should be consulted and involved in all stages of the establishment and carrying out

of transitional justice mechanisms.

• Truth commissions should be guided by and should make explicit reference

to the Declaration on the Rights of Indigenous Peoples.

• Truth commissions should recognize and address the historical injustices

experienced by indigenous peoples, as well as how failures to recognise indigenous

peoples’ self-determination historically and today have created conditions for human

rights violations.

• Truth processes should be linked to larger outreach and education efforts.

These efforts should include explaining important justice issues, such as self-

determination, to the broader public.


20 E/C.19/2006/CRP.3.

21 A/HRC/12/33, para. 97.


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• Truth processes and reparations programs should be designed in a way that

respects the cultures and values of indigenous peoples.22

33. Furthermore, in Advice No. 5, the Expert Mechanism calls for the monitoring of

such mechanisms and their outcomes by relevant UN special procedures:

Relevant United Nations special procedures should monitor implementation of

transitional justice processes to ensure that they respect the principles of the

Declaration, and that states act in a timely way on truth commission

recommendations and the implementation of reparations programs for indigenous

peoples.23

E. Theme 4: Indigenous Peoples’ Priorities for Development with

Free, Prior and Informed Consent

Paragraph 1: Indigenous Peoples’ Priorities for Development

34. This paragraph calls for full recognition of the rights of Indigenous peoples related

to development, including sustainable development goals and the post 2015 UN

Development Agenda. In Advice No. 3, the Expert Mechanism refers to Indigenous

peoples’ cultures, languages and ways of life protected by the right to self-determination,

including how these rights relate to economically driven activity, as previously referenced

at page 2 regarding preambular paragraphs 1 and 6.

35. Further, the Expert Mechanism has stated that:

States, in partnership with indigenous peoples, must advance the protection,

promotion and respect for indigenous cultures, languages, traditions and customs.

State laws and policies addressing indigenous peoples’ languages and cultures must

go beyond symbolism and be effective in practice, setting out clear and practical

methods to support indigenous peoples in their own promotion and protection of

their languages and cultures, in accordance with their right to self-determination.

This must include the allocation of sufficient financial, legal and policy support for

the learning of indigenous languages, the teaching of indigenous cultural values and

the training of indigenous educators. Also, States must provide incentives for

indigenous peoples to transmit their languages and cultures to younger generations,

recognition of place names in indigenous languages, strategic plans for

implementing public awareness campaigns about indigenous cultures and languages,

incorporating indigenous language and cultures in relevant media, publishing books

(for example, textbooks) and establishing immersion and bilingual schooling.24

Paragraph 4: Rights-Based and Culturally Appropriate Approach to Public Safety

and Access to Justice

36. This paragraph calls on States to take a rights-based and culturally appropriate

approach to public safety and access to justice guided by Indigenous peoples’ laws and

justice systems and by standardized and disaggregated data focused on preventative and

restorative justice. The Expert Mechanism addresses this issue throughout its Advice No.5.

Specifically, the Expert Mechanism calls for recognition of Indigenous peoples’

understandings of justice, and practices associated with such understandings as well as,





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more broadly, recognition and promotion by states of the right to self-determination in

terms of justice systems.

37. Indigenous peoples’ understanding of access to justice might differ from that of

states, in some cases informed by their own understandings of, and practices associated

with, justice. This means that, at the outset, before undertaking activities to respect,

promote and protect indigenous peoples’ access to justice, common understandings of the

best means to attain access to justice should be sought, consistently with indigenous

peoples’ rights to participate in decision making affecting them.25

38. Consistent with indigenous peoples’ right to self-determination and self-

government, states should recognise and provide support for indigenous peoples’ own

justice systems and should consult with indigenous peoples on the best means for dialogue

and cooperation between indigenous and state systems.26

39. Advice No. 5 calls for training and sensitization of law enforcement and judicial

officials, including the involvement of National Human Rights Institutions in such training.

40. Training and sensitization for law enforcement and judicial officials on indigenous

peoples’ rights is recommended.27

41. National human rights institutions, in partnership with indigenous peoples, can play

an important role in ensuring improved access to justice for indigenous peoples including

by encouraging recognition of and providing support for indigenous justice systems and

promoting the implementation of the Declaration at the national level. National human

rights institutions, in partnership with indigenous peoples, have the opportunity to provide

training on indigenous peoples’ rights in relation to access to justice for judiciaries.28

Paragraph 8: Free, Prior and Informed Consent

42. This paragraphs calls for States to ensure the full and effective participation and the

free, prior and informed consent of Indigenous peoples in relation to educational systems.

This topic is dealt with throughout Advice No. 1. Specifically, in Advice No. 1, the Expert

Mechanism recognizes the UN Declaration as the normative framework in relation to the

rights of Indigenous peoples, including the right to education.

43. Article 14 of the Declaration acknowledges that indigenous peoples have the right to

establish and control their educational systems and institutions providing education in their

own languages, in a manner appropriate to their cultural methods of teaching and learning.

This reaffirms existing international human rights law, including article 29 (2) of the

Convention on the Rights of the Child and article 27 (3) of ILO Convention No. 169. The

right of indigenous peoples to establish and control their education systems and institutions

applies to traditional as well as formal education systems and institutions.29

44. This Advice also identifies that Indigenous peoples have the right to education

autonomy:

Indigenous peoples, in exercising their right to self-determination, have the right to

educational autonomy. States, in consultation and cooperation with the peoples

concerned, must ensure the realization of educational autonomy, including the

financing of such autonomous arrangements. Indigenous peoples should be regarded

25 A/HRC/EMRIP/2012, para. 3.






14

as having prepaid present and future financial allocations from the State, including

allocations to education, by sharing their lands, territories and resources with

others.30

45. States should support the efforts of indigenous peoples to maintain and develop their

own political, economic, social, cultural and education systems and institutions. National

law and policy frameworks should be enacted or reformed, and budgets allocated to support

traditional as well as formal education institutions that are established with the aim of

developing and implementing appropriate programmes and activities for and by indigenous

peoples.

Paragraph 9: Economic, Social and Cultural Development

46. This paragraph calls on States to reaffirm the rights of Indigenous peoples to their

economic, social and cultural development and to ensure the full and effective participation

of Indigenous peoples in sustainable development mechanism that are consistent with the

rights of Indigenous peoples and are in harmony with Mother Earth.

47. In Advice No. 1, the Expert Mechanism underscores the right to education as a

means to realizing Indigenous peoples’ right to self-determination including in the area of

economic, social and cultural development:

Education is the primary means ensuring indigenous peoples’ individual and

collective development; it is a precondition for indigenous peoples’ ability to realize

their right to self-determination, including their right to pursue their own economic,

social and cultural development.31

48. In Advice No. 2, the Expert Mechanism refers to article 3 of the UN Declaration as

it relates to self-determination over the right of Indigenous peoples to manage their own

economic, social and cultural development and to manage their own natural resources based

on the right to free, prior and informed consent:

Article 3 of the Declaration on the Rights of Indigenous Peoples mirrors common

article 1, paragraph 1, of the International Covenant on Economic, Social and

Cultural Rights and the International Covenant on Civil and Political Rights.

Consequently, indigenous peoples have the right to determine their own economic,

social and cultural development and to manage, for their own benefit, their own

natural resources. The duties to consult with indigenous peoples and to obtain their

free, prior and informed consent are crucial elements of the right to self-

determination.32

49. In the Expert Mechanism’s Follow-up Report on Indigenous Peoples and the Right

to Participate in Decision-making, with a focus on extractive industries (UN Doc. No.

A/HRC/EMRIP/2012/2), the protection of Indigenous peoples’ economic, social and

culture rights related to lands, territories and resources and the right to free, prior and

informed consent, consistent with common article 1 (2) and (3) of the International

Covenants is explained as follows:

While only paragraph 1 of common article 1 of the Covenants appears in article 3 of

the United Nations Declaration on the Rights of Indigenous Peoples, the content of

paragraphs 2 and 3 of common article 1 are found in articles 23 and 32 of the

Declaration. Further, article 3 needs to be read together with a cluster of articles (10,



32 A/HRC/18/42, para. 18.


15

11, 12, 20 and 25-31) in the Declaration, which generally relate to lands, territories

and resources. Article 3 must also be read in the light of the articles specific to

extractive industries, which include article 26, article 28 and, of particular

importance, article 32. The latter article provides protection analogous to that

provided under common article 1, paragraphs 2 and 3, ensuring that the free, prior

and informed consent of indigenous peoples is obtained prior to approval of the use

by private industries of indigenous peoples’ lands, territories and resources.33

III. Conclusion

50. Finally, the Expert Mechanism thanks all delegations and the Secretariat for

the Alta Outcome Document. This Conference Room Paper is a preliminary comment

and the observations contained within it support the Alta Outcome Document as the

above stated references indicate. The Alta Outcome Document builds on the strength

of the UN Declaration on the Rights of Indigenous Peoples and focuses on advancing

the dialogue in preparation for the World Conference on Indigenous Peoples. It can

enhance the mandates of the three Indigenous UN mechanisms, leading up to the

World Conference. Perhaps, further reflection can be made on how to most

effectively advance the rights of Indigenous peoples throughout the UN system. There

may be an opportunity to consolidate the existing Alta Outcome Document text over

the upcoming year.

33 A/HRC/21/55, para 11.


16

Appendix: Advice, Recommendations and Conclusions of the Expert

Mechanism

Expert Mechanism on the Rights of Indigenous Peoples' Study on

Lessons Learned and Challenges to Achieve the Implementation of the

Right of Indigenous Peoples to Education. A/HRC/EMRIP/2009/2

Advice:

1. Education is a universal human right fundamental to the exercise of other human

rights; everyone has the right to education pursuant to international human rights law.

Education is also an empowerment right, through which economically and socially

marginalized individuals can obtain means to participate fully in their communities and

economies, and in the society at large.

2. Education is the primary means ensuring indigenous peoples’ individual and

collective development; it is a precondition for indigenous peoples’ ability to realize their

right to self-determination, including their right to pursue their own economic, social and

cultural development.

3. The right of indigenous peoples to education includes the right to provide and

receive education through their traditional methods of teaching and learning, and the right

to integrate their own perspectives, cultures, beliefs, values and languages in mainstream

education systems and institutions. The right to education for indigenous peoples is a

holistic concept incorporating mental, physical, spiritual, cultural and environmental

dimensions.

4. The full enjoyment of the right to education as recognized in international human

rights law is far from reality for most indigenous peoples. Deprivation of access to quality

education is a major factor contributing to social marginalization, poverty and

dispossession of indigenous peoples. The content and objective of education to indigenous

peoples in some instances contributes to the assimilation of indigenous peoples into

mainstream society and the eradication of their cultures, languages and ways of life.

5. The right of everyone to education is enshrined in numerous international human

rights instruments, including the Universal Declaration of Human Rights, the International

Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and

Political Rights, the Convention on the Rights of the Child, the International Convention on

the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination

of All Forms of Discrimination against Women, ILO Convention No. 117 on Social Policy,

the UNESCO Convention against Discrimination in Education. It is also reaffirmed in

various regional human rights instruments.

6. The United Nations Declaration on the Rights of Indigenous Peoples, and ILO

Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries

contain specific provisions on indigenous peoples’ right to education. Several treaties

between indigenous peoples and States acknowledge the right of indigenous peoples to

education and educational services as a treaty right.

7. The Declaration is coherent with and expands upon legally binding human rights

instruments and international jurisprudence developed by international supervisory bodies

and mechanisms. The Declaration, interpreted in conjunction with other international

instruments, provides an authoritative normative framework for the full and effective

protection and implementation of the rights of indigenous peoples. In the context of


17

education, the Declaration reaffirms and applies the right to education to the specific

historical, cultural, economic and social circumstances of indigenous peoples.

8. Article 14 of the Declaration acknowledges that indigenous peoples have the right to

establish and control their educational systems and institutions providing education in their

own languages, in a manner appropriate to their cultural methods of teaching and learning.

This reaffirms existing international human law, including article 29 (2) of the Convention

on the Rights of the Child and article 27 (3) of ILO Convention No. 169. The right of

indigenous peoples to establish and control their education systems and institutions applies

to traditional as well as formal education systems and institutions.

9. Numerous other provisions of the Declaration (arts. 1, 2, 3, 4, 8 (1), 8 (2), 12, 13, 14

(2) (3), 17 (2), 31, 44) either reaffirm and apply the essence of already existing human

rights treaty obligations on the right to education, or are inseparably linked to provision on

the right to education of the Declaration, applicable to both traditional and formal

education.

10. In view of the prevailing lack of understanding of and respect for the concepts and

principles of traditional education, Governments are urged to attach importance to building

understanding and respect for traditional methods of teaching and learning, including by

providing adequate funding for initiatives by indigenous peoples and communities to

strengthen or establish traditional educational initiatives.

11. The right of indigenous peoples to traditional education may be closely, and in some

instances, inseparably associated with the use of their traditional lands, territories and

natural resources. States must give legal recognition and protection to such lands, territories

and resources, with due respect for indigenous peoples’ customs, customary law and

traditions.

12. States are obliged, collectively and individually, to make quality education available

to all indigenous peoples, accessible without any prohibited form of discrimination,

acceptable in the light of international human rights standards, and adaptable to the

circumstances and in the best interest of indigenous peoples. States should address past

wrongs, including by removing stereotypes, inappropriate terminologies and other negative

elements referring to indigenous peoples in textbooks and educational materials. States

should promote intercultural education, as well as develop and strictly implement

provisions aimed at eliminating discrimination against indigenous peoples in the

educational system.

13. The Expert Mechanism is of the view that educational programmes and services for

indigenous peoples must be developed and implemented in consultation and cooperation

with the indigenous peoples concerned in order to address and incorporate their special

needs, histories, identities, integrity, values, beliefs, cultures, languages and knowledge, as

well as their social, economic and cultural priorities and aspirations. Educational

programmes and services for indigenous peoples should be of high quality, culturally safe

and appropriate, and must not aim at or result in unwanted assimilation of indigenous

peoples.

14. Indigenous peoples, in exercising their right to self-determination, have the right to

educational autonomy. States, in consultation and cooperation with the peoples concerned,

must ensure the realization of educational autonomy, including the financing of such

autonomous arrangements. Indigenous peoples should be regarded as having prepaid

present and future financial allocations from the State, including allocations to education,

by sharing their lands, territories and resources with others.

15. The Expert Mechanism is of the view that the right of indigenous peoples to

educational autonomy includes the right to decide their own educational priorities and to


18

participate effectively in the formulation, implementation and evaluation of education

plans, programmes and services that may affect them, as well as the right to establish and

control their own education systems and institutions, if they so choose.

16. States should support the efforts of indigenous peoples to maintain and develop their

own political, economic, social, cultural and education systems and institutions. National

law and policy frameworks should be enacted or reformed, and budgets allocated to support

traditional as well as formal education institutions that are established with the aim of

developing and implementing appropriate programmes and activities for and by indigenous

peoples.

17. The Expert Mechanism is of the view that the adoption of national legislation and

policies that specifically address and acknowledge indigenous peoples’ right to education,

pursuant to international human rights law, should be regarded as a matter of priority by

States. Constitutional recognition of the existence of indigenous peoples and their rights

provides a solid legal basis for the adoption and implementation of legislation on

indigenous peoples’ rights, including the right to education.

18. The Expert Mechanism recommends that States follow a step-wise policy that could

help promote all indigenous languages. Sufficient funding is needed to support the

development of teaching methods, literacy materials and orthographies in the pupil’s own

language.

19. The Expert Mechanism highlights the need for disaggregated educational data, and

recommends that States establish methods and systems for the collection of disaggregated

data and develop indicators conforming with international human rights standards in the

field of education, for the purpose of identifying barriers preventing indigenous peoples

from enjoying fully the right to education and to reform education laws and policies to be

more inclusive and sensitive to indigenous values and perspectives.

20. Measures to ensure the provision of education at all levels for indigenous girls and

women should be seen as a matter of urgency. The Expert Mechanism is of the view that

instruments of dialogue would help to mediate conflicting issues and norms within

indigenous societies and to ensure equal access to education for indigenous girls and

women.

21. Education for indigenous peoples should be holistic; mainstream education curricula

should include human rights, environmental protection, importance of lands and resources

for indigenous peoples and physical education.

22. Human rights education is an integral aspect for the promotion and achievement of

stable and harmonious relations among communities and for fostering mutual

understanding, tolerance and peace. Learning about human rights is the first step towards

respecting, promoting and defending the rights of all individuals and peoples.

23. The Expert Mechanism recommends that States identify specific challenges and

possible measures to achieve the implementation of the right of indigenous peoples to

education in their respective countries, in consultation and cooperation with indigenous

peoples.

24. The Expert Mechanism recommends that States Members of the United Nations pay

particular attention to the right to education of indigenous peoples in the universal periodic

review process of the Human Rights Council as well as under its special procedures.

Similarly, it recommends that all relevant United Nations human rights treaty bodies pay

attention to indigenous peoples’ right to education in their communication with States

parties, in particular in their periodic examination of State party reports.


19

Final report of the study on indigenous peoples and the right to participate

in decision-making. A/HRC/18/42

Advice:

1. Indigenous peoples are among the most excluded, marginalized and disadvantaged

sectors of society. This has had a negative impact on their ability to determine the direction

of their own societies, including in decision-making on matters that affect their rights and

interests. This can still be a major factor contributing to their disadvantaged position.

Decision-making rights and participation by indigenous peoples in decisions that affect

them is necessary to enable them to protect, inter alia, their cultures, including their

languages and their lands, territories and resources. In many cases, however, indigenous

peoples practised or continue to practise their own forms of governance.

2. The right of indigenous peoples to participation is well established in international

law. More recently, the indigenous-rights discourse has seen increased focus on rights not

only allowing indigenous peoples to participate in decision-making processes affecting

them, but to actually control the outcome of such processes.

3. This spectrum of rights is well illustrated by the Declaration on the Rights of

Indigenous Peoples, which contains more than 20 general provisions pertaining to

indigenous peoples and decision-making. These rights range from the right to self-

determination encompassing a right to autonomy or self-government to rights to participate

and be actively involved in external decision-making processes. Other provisions establish

specific duties for States to ensure the participation of indigenous peoples in decision-

making, inter alia, to obtain their free, prior and informed consent; to consult and cooperate

with indigenous peoples; and to take measures in conjunction with them.

4. As a normative expression of the existing international consensus regarding the

individual and collective human rights of indigenous peoples in a way which is coherent

with already existing international human rights standards, the Declaration on the Rights of

Indigenous Peoples provides a framework for action aiming at the full protection and

implementation of the rights of indigenous peoples, including their right to participate in

decision-making.

5. With regard to participatory rights, international human rights law refers to the right

to participate in public affairs in both general and specific forms, including as set out in

various human rights treaties, such as in article 25 of the International Covenant on Civil

and Political Rights and in the Indigenous and Tribal Peoples Convention, 1989 (No. 169)

of the International Labour Organization (ILO). Participation in public affairs in its general

form includes involvement in the conduct of public affairs. Electoral participation is only

one specific expression of the right to participation. Moreover, the right to take part in

public affairs is not limited to participation in formal political institutions, as it also

includes participation in civil, cultural and social activities of a public nature. The right to

participate in public affairs has conventionally been understood as a civil and political right

of the individual. In the context of indigenous peoples, however, the right also takes on a

collective aspect, implying a right of the group as a people to exercise decision-making

authority.

6. The right of indigenous peoples to participate in decision-making is also affirmed in

international jurisprudence more generally, such as in the decision of the Inter-American

Court of Human Rights in which the Court recognized indigenous peoples’ right to

organize themselves in ways that are consistent with their customs and traditions under

State electoral laws. The African Commission on Human and Peoples’ Rights has

expressed concern about the exclusion of indigenous peoples from decision-making about

the treatment of their lands.


20

7. Article 6 of ILO Convention No. 169 requires that consultations with indigenous

peoples be carried out through institutions that are representative of indigenous peoples.

Indigenous peoples should control the process by which representativeness is determined,

in accordance with human rights standards as set out in, inter alia, the Declaration on the

Rights of Indigenous Peoples.

8. The requirement that consultations be carried out through appropriate procedures

implies that general public hearing processes are not normally regarded as sufficient to

meet this procedural standard. Consultation procedures need to allow for the full expression

of indigenous peoples’ views, in a timely manner and based on their full understanding of

the issues involved, so that they may be able to affect the outcome and consensus may be

achieved.

9. Moreover, consultations should be undertaken in good faith and in a form

appropriate to the relevant context. This requires that consultations be carried out in a

climate of mutual trust and transparency. Indigenous peoples must be given sufficient time

to engage in their own decision-making process, and participate in decisions taken in a

manner consistent with their cultural and social practices. Finally, the objective of

consultations should be to achieve agreement or consensus.

10. As indicated above, the duty to consult indigenous peoples is further reflected in a

number of provisions of the Declaration on the Rights of Indigenous Peoples. Like ILO

Convention No. 169, Declaration articles 19 and 32(2) require States to consult indigenous

peoples in good faith, through appropriate procedures, with the objective of obtaining their

agreement or consent when measures that may affect indigenous peoples are considered.

11. Moreover, a number of United Nations human rights treaty bodies have established

that States have a duty, within the framework of their treaty obligations, to effectively

consult indigenous peoples on matters affecting their interests and rights and, in some

cases, to seek to obtain the consent of indigenous peoples.

12. The duty of States to consult with indigenous peoples and to obtain their consent are

also expressed in the jurisprudence of, inter alia, the universal periodic review of the

Human Rights Council, the Inter-American Court of Human Rights and the Inter-American

Commission on Human Rights, the African Commission on Human and Peoples’ Rights,

the Special Rapporteur on the rights of indigenous peoples, and in international policy,

some of which is described in the Expert Mechanism’s progress report on indigenous

peoples and the right to participate in decision-making. In the progress report, the Expert

Mechanism noted that several treaties between States and indigenous peoples affirmed the

principles of indigenous peoples’ consent as an underpinning of the treaty relationship

between States and indigenous peoples.

13. The right to full and effective participation in external decision-making is of

fundamental importance to indigenous peoples’ enjoyment of other human rights. For

instance, the right of indigenous peoples to identify their own educational priorities and to

participate effectively in the formulation, implementation and evaluation of education

plans, programmes and services is crucial for their enjoyment of the right to education.

When implemented as a treaty right, the right to education can offer a framework for

reconciliation. Truth and reconciliation commissions offer a model for improved relations

between States and indigenous peoples as well.

14. The participation of indigenous peoples in external decision-making is of crucial

importance to good governance. One of the objectives of international standards on

indigenous peoples’ rights is to fill the gap between their rights on the one hand and their

implementation on the other hand.


21

15. Many indigenous peoples remain vulnerable to top-down State interventions that

take little or no account of their rights and circumstances. In many instances, this is an

underlying cause for land dispossession, conflict, human rights violations, displacement and

the loss of sustainable livelihoods.

16. The duty to consult indigenous peoples applies whenever a measure or decision

specifically affecting indigenous peoples is being considered (for example, affecting their

lands or livelihood). This duty also applies in situations where the State considers decisions

or measures that potentially affect the wider society, but which affect indigenous peoples,

and in particular in instances where decisions may have a disproportionally significant

effect on indigenous peoples.

17. With regard to the right to self-determination, the Declaration on the Rights of

Indigenous Peoples affirms that indigenous peoples, in exercising their right to self-

determination, have the right to develop and maintain their own decision-making

institutions and authority parallel to their right to participate in external decision-making

processes that affect them. This is crucial to their ability to maintain and develop their

identities, languages, cultures and religions within the framework of the State in which they

live.

18. Article 3 of the Declaration on the Rights of Indigenous Peoples mirrors common

article 1, paragraph 1, of the International Covenant on Economic, Social and Cultural

Rights and the International Covenant on Civil and Political Rights. Consequently,

indigenous peoples have the right to determine their own economic, social and cultural

development and to manage, for their own benefit, their own natural resources. The duties

to consult with indigenous peoples and to obtain their free, prior and informed consent are

crucial elements of the right to self-determination.

19. As affirmed in articles 5, 18, 36 and 37 of the Declaration on the Rights of

Indigenous Peoples, and within the ambit of the right to self-determination, indigenous

peoples have the right to make independent decisions in all matters relating to their internal

and local affairs, and to effectively influence external decision-making affecting them if

they choose to participate in such processes.

20. As mentioned above, the right to free, prior and informed consent is embedded in

the right to self-determination. The procedural requirements for consultations and free,

prior and informed consent respectively are similar. Nevertheless, the right of free, prior

and informed consent needs to be understood in the context of indigenous peoples’ right to

self-determination because it is an integral element of that right.

21. The duty of the State to obtain indigenous peoples’ free, prior and informed consent

entitles indigenous peoples to effectively determine the outcome of decision-making that

affects them, not merely a right to be involved in such processes. Consent is a significant

element of the decision-making process obtained through genuine consultation and

participation. Hence, the duty to obtain the free, prior and informed consent of indigenous

peoples is not only a procedural process but a substantive mechanism to ensure the respect

of indigenous peoples’ rights.

22. The Declaration on the Rights of Indigenous Peoples requires that the free, prior and

informed consent of indigenous peoples be obtained in matters of fundamental importance

for their rights, survival, dignity and well-being. In assessing whether a matter is of

importance to the indigenous peoples concerned, relevant factors include the perspective

and priorities of the indigenous peoples concerned, the nature of the matter or proposed

activity and its potential impact on the indigenous peoples concerned, taking into account,

inter alia, the cumulative effects of previous encroachments or activities and historical

inequities faced by the indigenous peoples concerned. Premised on the right to self-

determination, article 10 of the Declaration prohibits the forcible removal of indigenous


22

peoples from their lands and territories. In contrast, ILO Convention No. 169, article 16(2),

includes procedural elements that permit forced relocation as an exceptional measure,

without the consent of the indigenous peoples concerned. The Declaration moreover

requires States to obtain the free, prior and informed consent of indigenous peoples in

certain other situations, as reflected in its articles 11(2), 19, 28(1), 29(2), 32(2) and 37.

23. The duty to obtain the free, prior and informed consent of indigenous peoples

presupposes a mechanism and process whereby indigenous peoples make their own

independent and collective decisions on matters that affect them. The process is to be

undertaken in good faith to ensure mutual respect. The State’s duty to obtain free, prior and

informed consent affirms the prerogative of indigenous peoples to withhold consent and to

establish terms and conditions for their consent.

24. The elements of free, prior and informed consent are interrelated; the elements of

“free”, “prior” and “informed” qualify and set the conditions for indigenous peoples’

consent; violation of any of these three elements may invalidate any purported agreement

by indigenous peoples.

25. The element of “free” implies no coercion, intimidation or manipulation; “prior”

implies that consent is obtained in advance of the activity associated with the decision

being made, and includes the time necessary to allow indigenous peoples to undertake their

own decision-making processes; “informed” implies that indigenous peoples have been

provided all information relating to the activity and that that information is objective,

accurate and presented in a manner and form understandable to indigenous peoples;

“consent” implies that indigenous peoples have agreed to the activity that is the subject of

the relevant decision, which may also be subject to conditions.

Measures

26. Reform of international and regional processes involving indigenous peoples should

be a major priority and concern. In particular, multilateral environmental processes and

forums should ensure full respect for the rights of indigenous peoples and their effective

participation including, for example, in relation to the negotiation of the Nagoya Protocol.

27. Respect for indigenous peoples’ right to participate in decision making is essential

for achieving international solidarity and harmonious and cooperative relations. Consensus

is not a legitimate approach if its intention or effect is to undermine the human rights of

indigenous peoples. Where beneficial or necessary, alternative negotiation frameworks

should be considered, consistent with States’ obligations in the Charter of the United

Nations and other international human rights law.

28. Free, prior and informed consent implies that States have a duty to obtain indigenous

peoples’ consent in relation to decisions that are of fundamental importance for their rights,

survival, dignity and well-being. States should ensure that consultations and negotiations

with indigenous peoples as required by article 18 of the Declaration on the Rights of

Indigenous Peoples and consistent with other human rights standards.

29. States have a duty to respect indigenous peoples’ right to participate in all levels of

decision-making, including in external decision-making, if the indigenous peoples

concerned so choose and in the forms of their choosing, including, where appropriate, in

co-governance arrangements.

30. States should respect and assist both traditional and contemporary forms of

indigenous peoples’ governance structures, including their collective decision-making

practices.

31. States should enact and implement constitutional and other legal provisions that

ensure indigenous peoples’ participation in decision-making consistent with the Declaration


23

on the Rights of Indigenous Peoples, in particular where that is sought by affected

indigenous peoples.

32. Indigenous women often face exceptional impediments to participation in decision-

making. States, international organizations, indigenous peoples and other decision-making

entities should therefore conduct more intensive studies and design appropriate mechanisms

to facilitate the participation of indigenous women in their activities and increase their

access to address difficulties facing indigenous women seeking to fully participate in

decision-making. Likewise, the inclusion of indigenous youth in decision-making is

essential in both internal and external, including legislative, decision-making.

33. States and relevant international and domestic organizations should ensure that

indigenous peoples have the financial and technical capacity to engage in consultation and

consent-seeking exercises and to participate in regional and international decision-making

processes.

34. States should also recognize that the right to self-determination of indigenous

peoples constitutes a duty for States to obtain indigenous peoples’ free, prior and informed

consent, not merely to be involved in decision-making processes, but a right to determine

their outcomes. Treaties, as evidence of the right to self-determination, and the relationship

they represent are the basis for a strengthened partnership, consistent with the Declaration

on the Rights of Indigenous Peoples.

35. States shall respect indigenous peoples’ right to self-determination consistent with

the Declaration on the Rights of Indigenous Peoples and other international standards.

States shall ensure that indigenous peoples have the means to finance their autonomous

functions.

36. The United Nations should, in accordance with the Declaration on the Rights of

Indigenous Peoples, establish a permanent mechanism or system for consultations with

indigenous peoples’ governance bodies, including indigenous parliaments, assemblies,

councils or other bodies representing the indigenous peoples concerned, to ensure effective

participation at all levels of the United Nations.

37. ILO should enable effective representation by indigenous peoples in its decision-

making, and especially with regard to the implementation and supervision of ILO

Conventions and policies relevant to indigenous peoples.

38. UNESCO should enable and ensure effective representation and participation of

indigenous peoples in its decision-making, especially with regard to the implementation

and supervision of UNESCO Conventions and policies relevant to indigenous peoples, such

as the 1972 World Heritage Convention. Robust procedures and mechanisms should be

established to ensure indigenous peoples are adequately consulted and involved in the

management and protection of World Heritage sites, and that their free, prior and informed

consent is obtained when their territories are being nominated and inscribed as World

Heritage sites.

39. National human rights institutions, as independent bodies, should play an important

role in bringing together representatives of Government and indigenous peoples, thus

promoting indigenous peoples’ participation in discussions and decisions on issues that

concern them. National human rights institutions can also stress the need for all

stakeholders to ensure indigenous representatives are involved in decision-making. Such

institutions, through their own programmes, could also actively involve indigenous peoples

in decision-making on related issues.


24

Expert Mechanism on the Rights of Indigenous Peoples: Study on the

role of languages and culture in the promotion and protection of the

rights and identity of indigenous peoples. A/HRC/EMRIP/2012/3

Advice:

A. General

1. Distinct cultures and languages are often a central and principal feature of

indigenous peoples’ identities as collectives and as individuals, providing unity. Indeed, the

distinctiveness of indigenous peoples’ languages and cultures is a common feature of many

indigenous peoples and the global indigenous peoples’ movement. Indigenous cultures

cannot be divorced from indigenous peoples’ histories, often including colonization and

dispossession, which have had a powerful impact on their languages and cultures.

2. Healthy indigenous peoples’ languages and cultures, while rooted in history, must

not be understood as static. It is essential that States, indigenous peoples, international

institutions, national human rights institutions, non-governmental institutions and the

private sector take a perspective on cultures that enhances their vitality, allowing them to

live and breathe and take on new forms and shapes as voluntarily and customarily

determined by indigenous peoples themselves. Contemporary expressions and forms of

indigenous languages and cultures are important modern extensions of their age-old

traditions and an indicator of the good health of their cultures.

3. Indigenous cultures include their ways of life, protected by the right to self-

determination, and indigenous peoples’ relationships, including spiritual connections, with

their lands, territories and resources. They include manifestations of cultural practices,

including economically driven activity, traditional knowledge, cultural expressions,

jurisprudence, cosmovisions, spirituality, philosophies, membership codes, dispute

resolution techniques, social values, arts, dress, song and dance.

4. Cultural diversity is a value in its own right, supported by the international legal

framework, particularly as established by UNESCO.

5. The Declaration on the Rights of Indigenous Peoples should be the basis of all

action, including at the legislative and policy level, on the protection and promotion of

indigenous peoples’ rights to their languages and cultures. Many of the rights in the

Declaration relate to indigenous cultures and languages, especially indigenous peoples’

rights to self- determination and to lands, territories and resources.

6. The impact of assimilationist policies on indigenous peoples’ languages and cultures

has been in many cases extremely harmful, leading to the near extinction of indigenous

languages and cultures. The deliberate use of boarding, residential schools and orphanages

for indigenous children, with a focus on integrating them into non-indigenous mainstream

societies, has been tragically harmful for indigenous peoples and their cultures and

languages and the health of indigenous individuals, including the inter-generational trauma

suffered by the children and grandchildren of attendees of such schools.

7. Strong action is required to address the effects of historical and ongoing

discrimination against indigenous peoples and individuals based on their cultures and use of

their languages. Their languages and cultures will only flourish in environments when they

are more broadly respected in their own right and for their contribution to an understanding

of humanity.

8. Significant attention should be focused on understanding the historical and ongoing

impact of the denigration of, and discrimination against, indigenous cultures and languages,

which can led to social, mental and physical ill health. Policies to address the social, mental


25

and physical ill health of indigenous peoples cannot be divorced from an understanding of

indigenous peoples’ histories of marginalization and dispossession. In many cases, the

revitalization of indigenous cultures and languages, instilling pride in indigenous peoples

on account of their distinctiveness, can be beneficial in addressing social problems

associated with indigenous peoples’ loss of their cultures and languages.

9. Where indigenous peoples’ cultures are alleged to discriminate against individual

members, the circumstances should be examined from the perspective of all the indigenous

individuals involved, taking into account indigenous philosophies and the alleged victims’

positions. In general, indigenous peoples should be supported in their efforts to address the

issues in the way that they choose. Unapproved non-indigenous interference in indigenous

cultures alleged to discriminate is not to be recommended unless sought by those who are

the alleged victims of the discrimination.

10. Many of the ongoing threats to indigenous cultures and languages can be traced to

the impact of the private sector on indigenous peoples, as is too often the case when

indigenous peoples’ lands, territories and resources are exploited for business purposes. As

the Guiding Principles on Business and Human Rights clarify, business enterprises have the

responsibility to respect human rights, including indigenous peoples’ rights to languages

and cultures and traditional knowledge.

B. States

11. The protection and promotion of indigenous peoples’ languages and cultures

requires States to recognize them in their constitutions, laws and policies.

12. Indigenous peoples have the right to cultural self-determination, including the right

to cultural autonomy, together with the right to advance their cultures within mainstream

societies. This right includes duties to obtain indigenous peoples’ free, prior and informed

consent when developing and implementing laws and policies related to indigenous

languages and cultures, including to promote indigenous peoples’ control over the

development of their languages and cultures and their traditional knowledge.

13. States must take measures to protect indigenous peoples from discrimination and

violence as well as measures that would result in their forced assimilation.

14. States, in partnership with indigenous peoples, must advance the protection,

promotion and respect for indigenous cultures, languages, traditions and customs. State

laws and policies addressing indigenous peoples’ languages and cultures must go beyond

symbolism and be effective in practice, setting out clear and practical methods to support

indigenous peoples in their own promotion and protection of their languages and cultures,

in accordance with their right to self-determination. This must include the allocation of

sufficient financial, legal and policy support for the learning of indigenous languages, the

teaching of indigenous cultural values and the training of indigenous educators. Also, States

must provide incentives for indigenous peoples to transmit their languages and cultures to

younger generations, recognition of place names in indigenous languages, strategic plans

for implementing public awareness campaigns about indigenous cultures and languages,

incorporating indigenous language and cultures in relevant media, publishing books (for

example, textbooks) and establishing immersion and bilingual schooling.

15. States are encouraged to create an environment of tolerance and understanding

where indigenous peoples’ languages and cultures are celebrated within the State,

promoting an understanding of the value of cultural difference within the society at large.

States should provide incentives for museums and other places where indigenous remains,

artifact and other cultural heritage are stored to inform the relevant indigenous peoples

when they hold such treasures and to establish mechanisms to have them restored to

indigenous peoples when they so desire.


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16. There is a need for the recognition of the continuing value to communities and

society of indigenous peoples’ traditional knowledge, including spiritual, cultural and

linguistic knowledge. This will require long-term financial investments in measures for the

reclaiming and relearning and sharing of this knowledge. The resources spent on this

should be, at a minimum, commensurate with the monies and efforts previously spent to

destroy such knowledge.

17. Indigenous peoples should have the necessary support to speak their languages in

both the public and private domains, including in schools, legal proceedings, and in places

providing health services. In addition, it may be appropriate to establish mechanisms to

monitor States’ compliance with indigenous peoples’ rights to speak their languages and

practice their cultures, such as an ombudsman to address complaints about failures to

respect, protect and promote indigenous cultures and languages.

18. In protecting, promoting and respecting indigenous peoples’ rights to their cultures,

States should treat all indigenous languages equally and take precautions not to favour

supporting indigenous languages spoken by larger numbers of individuals. It is especially

important that numerically small indigenous groups receive the support necessary to assist

them in retaining their languages.

19. States should establish mechanisms, including monitoring, to ensure that indigenous

peoples’ traditional knowledge is not expropriated without the free, prior and informed

consent of indigenous peoples and provision is made for appropriate access and benefit-

sharing arrangements.

20. States should ensure that non-indigenous third parties, especially the private sector,

do not infringe indigenous peoples’ rights to languages and culture and understand the

flow-on effects that their activity on indigenous peoples’ lands, territories and resources can

have on their languages and cultures.

21. When developing and implementing laws and policies to address social problems

facing indigenous peoples, it is imperative that States take an approach that is sensitive to

the impact of historical marginalization and dispossession on indigenous peoples and their

cultures and languages.

22. In providing redress to indigenous peoples for the negative impacts of State laws and

policies on indigenous peoples, States should prioritize the views of indigenous peoples on

the appropriate forms of redress, which can include the return of lands, territories and

resources, recognition of indigenous peoples’ governance structures, including their laws

and dispute resolution processes and the finances necessary to enable indigenous peoples to

implement their own techniques to revitalize and protect their languages and cultures.

Customs, values and arbitration procedures of indigenous peoples should be recognized and

appropriately respected by the courts and legal procedures.

C. Indigenous peoples

23. Indigenous peoples have the primary responsibility to take control of the promotion

and protection of their languages and cultures, with the support of the State as outlined

above. Thus, for example, indigenous peoples have a responsibility to work together to pass

on their languages and cultures to younger generations and indigenous youth have a

responsibility to learn their cultures and languages.

24. When indigenous peoples’ consent is necessary for the State to enact or implement

laws and policies that relate to their cultures and languages, indigenous peoples are

encouraged to establish their own methods to facilitate the consent-seeking process, which

should include all members of the indigenous peoples concerned.


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25. Indigenous peoples have the responsibility to ensure that their cultures are enjoyed

equally by all indigenous individuals and especially those who may be vulnerable to

exclusion. This includes the responsibility to establish mechanisms to effectively address

allegations of human rights violations.

D. International institutions

26. The United Nations should dedicate resources and expertise to the promotion and

protection of indigenous peoples’

27. It is imperative that United Nations institutions and related entities take a human

rights-based approach to the development of international legal standards and policies on

traditional knowledge, traditional cultural expressions and genetic resources, including in

relation to access and benefit sharing, to ensure that they conform to the Declaration on the

Rights of Indigenous Peoples. In addition, it is essential that such processes include the

direct, full and equal participation of indigenous peoples to protect indigenous peoples’

traditional knowledge.

28. Indigenous peoples should be included in the development of all local, national,

regional and international endeavours to address climate change and a human rights

approach to climate change mitigation and adaptation should be adopted at all levels.

E. National human rights institutions

29. National human rights institutions have an important role to play in the revitalization

and protection of indigenous languages and cultures, including promoting and monitoring

States’ laws and policies to protect and revitalize their cultures and languages and providing

technical support for the implementation of indigenous peoples’ rights to their cultures and

languages. National human rights institutions are also well placed to create public

awareness of cultures and languages, especially when dealing with indigenous peoples’

issues.

F. International Donors

30. While States have the primary obligation to respect, protect and promote indigenous

peoples’ rights, it is essential that other entities, including the private sector and

development agencies, respect indigenous peoples’ rights to control development as it

affects them. For example, international donors who fund educational projects in States

with indigenous peoples should pay special attention to the ways in which their policies

might impact on their languages and cultures.

G. Media

31. The media are encouraged to promote and protect indigenous languages and

cultures. Further, the media should not demonize indigenous cultures or in any other way

promote discrimination against them.

H. Keepers of indigenous peoples’ cultural heritage

32. Museums and other places in which indigenous peoples’ cultural heritage is stored

should inform the relevant indigenous peoples and develop mechanisms to facilitate the

return of such cultural heritage where sought by the indigenous peoples concerned.


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Follow-up report on indigenous peoples and the right to participate in

decision-making, with a focus on extractive industries. A/HRC/21/55

Advice:

Conclusions:

1. Practical advice for States on how to meet their obligations to consult and seek the

consent of indigenous peoples in the context of extractive industry

2. The Expert Mechanism advises States to establish, together with indigenous peoples,

(permanent) mechanisms to enable consultation with indigenous peoples which can provide

guidance on:

(a) When the context requires consultations with indigenous peoples in line with

the present advice;

(b) How to reach indigenous peoples;

(c) Identifying the representatives with which consultation should take place;

(d) How to ensure an independent assessment of consultation practices;

(e) How to undertake the requisite environmental and social impact studies

associated with proposed and ongoing extractive activities;

(f) Providing translation and interpretation services so that information relevant

to indigenous peoples decisions and interests can be provided for indigenous peoples

in an understandable way;

(g) Enabling indigenous peoples to obtain expert independent and technical

assessments of the potential impact of extractive activities on them, including on

their lives, lands and territories;

(h) How to ensure that indigenous peoples perspectives on the extractive activity

are taken into account, including their ideal benefit-sharing arrangements if they so

choose;

(i) How to ensure that the permitting and monitoring boards of State

corporations and extractive enterprise include indigenous peoples’ representation

and effective participation, which will also ensure human rights accountability at the

corporate level

3. Practical advice for extractive industries on how to meet the requirement to respect

the right of indigenous peoples to participate in decision-making in the context of extractive

industry.

4. States retain the primary obligation to ensure indigenous peoples right to participate

is respected; nevertheless, to meet their own responsibility to respect human rights,

extractive businesses should ensure, and make their own assessment as to, compliance with

the right of indigenous peoples to participate in decision-making. Indeed, positive

experience illustrates that extractive industries should work in partnership with States and

indigenous peoples at all planning and implementation stages of extractive activities that

might impact on indigenous peoples interests.

5. Enterprises in extractive industries should, together with indigenous peoples, assess

the risks and actual impacts on the rights of indigenous peoples arising from their activities

and business relationships. Commitment to respecting the rights of indigenous peoples

should be reflected in the business enterprises policies and processes; such policies and


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processes should be put in place by the enterprise in order to meet its responsibility to

respect human rights. Enterprises are advised to assess company compliance with

indigenous peoples rights and establish a company policy on how best to meet their

responsibility to respect such rights, where possible by including indigenous peoples

affected by their operations. When activities may affect indigenous peoples, the business

enterprise must take adequate steps to ensure meaningful and effective engagement with

indigenous peoples. As part of implementing their responsibility, business enterprises

engaged in extractive activities must ensure that employees have an understanding of the

content of indigenous peoples rights, including their right to participate in decision-making.

6. The Special Rapporteur on the rights of indigenous peoples notes that companies

must exercise due diligence by identifying, prior to commencing their activities, various

matters relating to the basic rights of indigenous peoples, and by paying adequate attention

to those matters as the activities are being carried out. Such matters include recognition of

the existence of indigenous peoples and of their own social and political structures;

indigenous possession and use of land, territory and natural resources; exercise by the State

of its duty to consult indigenous peoples in relation to activities that might affect them, and

the related responsibility of business; impact studies and mitigation measures; and benefit

sharing with indigenous peoples.

7. Extractive industries are encouraged to support, including financially, mechanisms

to ensure that the right of indigenous peoples to participate in decision-making is respected.

This can include:

(a) Devoting human and financial resources to appropriate consultation

mechanisms;

(b) Establishing partnerships with indigenous peoples;

(c) Ensuring that corporate boards or board advisory panels include indigenous

peoples representation and effective participation in order to promote human rights

accountability at the corporate level.

8. Practical advice for indigenous peoples on how to meet their responsibilities and

protect their human rights in relation to extractive industries

9. Indigenous peoples who choose to extract resources can continue to play a positive

role in sustainable development by asserting their international human rights relating to

extractive industries, with an emphasis on forming equal partnerships with States and

business enterprises to engage in sustainable development where adequate environmental

protections are in place.

10. Given indigenous peoples’ permanent sovereignty over natural resources and the

United Nations Declaration on the Rights of Indigenous Peoples, as set out in the

international legal and policy framework of the present report, the right of indigenous

peoples to participate in decision-making also includes the right not to consent to extracting

resources as an exercise of their sovereignty.

Expert Mechanism on the Rights of Indigenous Peoples Advice No. 5:

Access to Justice in the Promotion and Protection of the Rights of

Indigenous Peoples. A/HRC/EMRIP/2013/2

A. General

1. The Declaration on the Rights of Indigenous Peoples should be the basis of all

action, including at the legislative and policy level, on the protection and promotion of

indigenous peoples’ right to access to justice. The implementation of the Declaration should


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be seen a framework for reconciliation and as a means of implementing indigenous

people’s access to justice.

2. Respect for the right to self-determination requires both recognition of indigenous

peoples’ systems as well as the need to overcome historic factors and related contemporary

factors that negatively affect indigenous peoples in the operation of state systems. At the

national and regional levels, strategic litigation, complemented by outreach and advocacy,

can help to expand access to justice and protections for other indigenous peoples’ rights.

3. Indigenous peoples’ understanding of access to justice might differ from that of

states, in some cases informed by their own understandings of, and practices associated

with, justice. This means that, at the outset, before undertaking activities to respect,

promote and protect indigenous peoples’ access to justice, common understandings of the

best means to attain access to justice should be sought, consistently with indigenous

peoples’ rights to participate in decision making affecting them.

4. Historical injustices contribute to multiple contemporary disadvantages for

indigenous peoples, which in turn increase the likelihood of indigenous peoples coming

into contact with the justice system. The relationship of indigenous peoples with domestic

criminal justice systems cannot, therefore, be considered in isolation from historical factors

or the current economic, social and cultural status of indigenous peoples. Moreover, there

are other areas of law, including family law, child protection law and civil law that impact

this relationship. Solutions include not only reforms to criminal justice systems themselves

but also measures addressing the socio-economic situation of indigenous peoples.

B. States

5. Consistent with indigenous peoples’ right to self-determination and self-

government, states should recognise and provide support for indigenous peoples’ own

justice systems and should consult with indigenous peoples on the best means for dialogue

and cooperation between indigenous and state systems.

6. States should work with indigenous peoples to address the underlying issues that

prevent indigenous peoples from accessing justice on an equal basis with others.

7. States should work in partnership with indigenous peoples, particularly indigenous

women, to determine the most effective strategies for overcoming barriers to access to

justice.

8. Moreover, states should facilitate and provide access to legal remedies for

indigenous peoples and should support capacity development of indigenous communities to

help them to understand and make use of legal systems.

9. States should consider the impact of law and policy on indigenous peoples’ access to

human rights processes and institute reform where such law and policy interferes with

indigenous peoples’ enjoyment of substantive equality in this regard.

10. States should recognize indigenous peoples’ rights to their lands, territories and

resources in laws and should harmonize laws in accordance with indigenous peoples’

customson possession and use of lands. Where indigenous peoples have won land rights

and other cases in courts, States must implement these decisions. The private sector and

government must not collude to deprive indigenous peoples of access to justice.

11. Training and sensitization for law enforcement and judicial officials on indigenous

peoples’ rights is recommended.

12. In relation to criminal justice, state authorities should consult and cooperate with

indigenous peoples and their representative institutions to:


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• Ensure that the criminal justice system does not become a self-promoting industry

benefitting from the over-representation of indigenous peoples.

• Formulate plans of action to address both the high levels of indigenous victimisation

and the treatment of indigenous peoples in domestic criminal justice systems.

• Develop appropriate methodologies to obtain comprehensive data on 1)

victimization of indigenous peoples, including information on the number of cases

prosecuted; and 2) the situation of indigenous peoples in detention, disaggregated by

age, gender and disability.

• Reduce the number of indigenous individuals in prison, including through the

pursuit of non-custodial options, including through use of traditional restorative and

rehabilitative approaches.

13. In relation to transitional justice mechanisms:

• Indigenous peoples and indigenous peoples’ representative institutions should be

consulted and involved in all stages of the establishment and carrying out of

transitional justice mechanisms.

• Truth commissions should be guided by and should make explicit reference to the

Declaration on the Rights of Indigenous Peoples.

• Truth commissions should recognize and address the historical injustices

experienced by indigenous peoples, as well as how failures to recognise indigenous

peoples’ self-determination historically and today have created conditions for human

rights violations.

• Truth processes should be linked to larger outreach and education efforts. These

efforts should include explaining important justice issues, such as self-

determination, to the broader public.

• Truth processes and reparations programs should be designed in a way that respects

the cultures and values of indigenous peoples.

C. Indigenous Peoples

14. Indigenous peoples should strengthen advocacy for the recognition of their justice

systems.

15. Indigenous peoples’ justice systems should ensure that indigenous women and

children are free from all forms of discrimination and should ensure accessibility to

indigenous persons with disabilities.

16. Indigenous peoples should explore the organization and running of their own truth-

seeking processes.

17. Indigenous peoples should strive for explicit inclusion of their particular interests in

transitional justice initiatives in those cases where indigenous peoples are one among many

groups that suffered human rights abuse.

18. Indigenous peoples should ensure that all persons are effectively represented in

transitional justice processes, especially women.

D. International Institutions

19. The Declaration should guide the efforts of UN system entities and mandates,

including the Special Rapporteur on truth, justice, reparations and guarantees of non-

recurrence.


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20. The United Nations should dedicate resources to the development and carrying out,

in cooperation with indigenous peoples, of trainings on indigenous peoples’ rights in

relation to access to justice for law enforcement officials and members and staff of the

judiciary.

21. The United Nations system should seek to expand programs designed to support

indigenous peoples to carry out strategic litigation to advance their rights and expand their

access to justice.

22. The United Nations should work with indigenous peoples to contribute to further

reflection on and capacity-building regarding truth and reconciliation procedures for

indigenous peoples.

23. Relevant United Nations special procedures should monitor implementation of

transitional justice processes to ensure that they respect the principles of the Declaration,

and that states act in a timely way on truth commission recommendations and the

implementation of reparations programs for indigenous peoples.

E. National human rights institutions

24. National human rights institutions, in partnership with indigenous peoples, can play

an important role in ensuring improved access to justice for indigenous peoples including

by encouraging recognition of and providing support for indigenous justice systems and

promoting the implementation of the Declaration at the national level. National human

rights institutions, in partnership with indigenous peoples, have the opportunity to provide

training on indigenous peoples’ rights in relation to access to justice for judiciaries.

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